51-90 ORDINANCE NO. 51-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI-
STRATION'', CHAPTER 35, "EMPLOYEE POLICIES AND
BENEFITS" SUBHEADING "RETIREMENT PLAN", SECTION
35.090, "ELIGIBILITY; PARTICIPATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
SUBSECTION 35.090(A) TO PROVIDE THAT FORMER DEPART-
MENT HEADS WHO HAD OPTED OUT OF THE RETIREMENT PLAN
SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE PLAN AND
FURTHER PROVIDING THAT THE ASSISTANT DIRECTOR OF
ENVIRONMENTAL SERVICES/PUBLIC UTILITIES AND
ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/CITY
ENGINEER IF HIRED PRIOR TO JANUARY 1, 1991 MAY ELECT
NOT TO PARTICIPATE IN THE RETIREMENT PLAN; PROVIDING
A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach administrative staff has
undergone an organizational change such that certain positions which
were classified as Department Heads are no longer classified as Depart-
ment Heads; and
WHEREAS, as Department Heads, certain employees had elected or
had the ability to elect not to participate in the General E~ployees
Retirement Plan; and ~
WHEREAS, such employees are desirous of continuing not to
participate in the General Employees Retirement Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, !'Administration", Chapter 35,
"Employee Policies and Benefits", subheading, "Retirement Plan", Section
35.090, "Eligibility; Participation", Subsection (A) of the Code of
Ordinances of the City of Delray Beach, Florida,is hereby amended as
follows:
(A) For the purpose of this section "Employee" shall mean any
person in the regular full-time service of the city; provided,
however, that the term shall not include City Commissioners, the
City Attorney (and assistants), judge, prosecutor (and assistants),
department heads upon their written election not to participate in
the plan, such former department heads who have elected not to
participate in the plan, or any person employed for a temporary
period or for a temporary job, or whose customary employment is for
less than 20 hours in any one week or for less than five months in
any one calendar year. Any employee who is hired prior to January
1, 1991 to fill the position of Assistant Director of Environmental
Services/Public Utilities and Assistant Director of Environmental
Services/City Engineer may also elect upon their written notice not
to participate in the plan, so lon~ as such notice is ~iven within
fifteen (15) da~s of their beginning employment with the city.
Also those firefighters and police officers employee by the city
who are participants in retirement plans as provide~ for in F.S.
Chapters 175 and 185 or other applicable city ordinances shall not
become participants in the plan.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such
decision shall not effect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinance which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become retroactively
effective October 1, 1990 upon on its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of OctobE
City Clerk
First Reading October 9, 1990
Second Reading October 23, 1990
2 ORD. NO. 51-90
BOCA lqATON NEWS
DI~.LItAY BEACH NEWS
BOYNTOI~ BEACH NEWS
Published Daily
Monday thru Sunday
Boca Raton, Palm Beach County, Florida
De]ray Beach, Palm Beach County, Florida
STATE OF PLORXDA
COUNTY OF PALM BEACH
Before the undsrsigned authority personally
appeared NANCY WATT who on oath says that she
is the Classified Advertising Manager of the Boca
Raton News and the De]ray Beach News, daily
newspapers published at Boca Raton in Palm
Beach County, Florida; that the attached copy of ^H 0'D,~,CE C~ T.~ C.rr C~
advertisement was published in said newspapers B~CH, F~RI~ WENDt~ T~
T~ 3, ~MINfST~T~, C~
in the issues of: ~n ~ ~EE, ~C~U
· ~iR~ENT: P~,
~ ~U4IlILI~; ~TlCJ~
TIM, ~ ~ ~ ~ ~p
e~ BY
~ HAD O~ED '~T ~ THE
IGII~ TO PARTiCiPATE ~N ~E
P~N AND F~
THAT THE ~ISTA~E
~BLIC UT~ITIES A~
Affiant further says that the s~d Boca Raton DIRE~ OF E~I~NT
SERVICE~IM EN$~EE~
News ~nd De]ray Be~ch News are newspapers pub- ff(~ED P~ M TO J~Y I, ~
~Y ELEG ~T ~ PAAT~IPATE
l~he~ ~ Boo~ ~on, ~ $~d P~m Bo~oh ~o~n~y, JN THE R~R~ ~ ~
~o~ida, Monday through Sunday, and have been v,~ A ~.
entered as second class mater at the post office in T- ~ -~. ~ ~
Boca Raton, Palm Beach County, Florida, fo~ ape- ~ ~v. ~ ~ ~ ~
tied of one year next preceding the fMst pubHca- ~ ~ ~ ~ ~ ~ ~ ~
tlon of the at~ched copy of advertisement; and ~ ~ F~ ~ ~:e ~
affiant further says that she has neither paid nor ~ ~ ~ ~ ~
promised any person, from or corporation any dls- ~
~, t~ ~ 7:~ P.~ (~ ~ ~
count, rebate, commission or refund for the put- ~M ~ ~ ~ ~
pose of securing this advertisement for publication ~ ~ ~'' ~ ~ ~ ~ ~
in said newspapers. ~,~ ,,., ~f a ~. ~,
any ma~er ~r~ ~ ~l M
~6LISH: ~ ~ ~
~AY B~CH NE~
~ ~TON N~
AD ~1~1
(Seal, ~o~ry Public, ~~lo~lda ~ largo)
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